The Course of Fiqh in Türkiye from Mecelle to the present

In this study, the periods of the History of Islamic Law, the Mecelle, the 1917 Decree on Family Law, the 1924 Draft Law on Family Law and the course of fiqh in Turkey from the establishment of the Republic to the present day are discussed. At this point, the sources of the History of Islamic Law and the studies conducted in the field of Islamic Law in Turkey have been consulted. Islamic Law, which started in the Meccan period with its theological and moral norms, gained its outlines with the legal rules revealed in the Medina period and the Prophet's explanations, and developed further with the opinions and jurisprudence of the mujtahid imams and the studies carried out in the following periods. Both individuals and generations as well as political, social and cultural situations were influential in these changes and developments in fiqh, and periods were expressed in various classifications in the relevant process. Islamic Law, which made a significant progress until Mecelle in the name of institutionalization, had a new breakthrough with Mecelle and experienced a period of awakening with legalization and jurisprudence. Then, with the establishment of the Republic of Turkey, new approaches to fiqh were proposed, and although restrictive approaches to fiqh were carried out for political reasons, these restrictions were broken over time and Islamic Law was paved the way. Especially with the transition to multi-party life, the relaxation in Islamic sciences and the establishment of the Higher Islamic Institute, there has been an increase in studies in the field of Islamic Law. After 2000, various fiqh specialties emerged, especially in economics, food and medicine, and the field of fiqh expanded with the organization of scientific meetings and symposiums. Today, although relevant studies continue, these studies are carried out by attributing them to the term Fiqh or Islamic Law. As a result of the findings, it has been concluded that there has been a transition from an understanding of law that was restricted, oppressed and frozen due to political and social reasons to an understanding of law that takes into account the needs of the period, does not adhere to a single sect and can benefit from the possibilities of Law.